Allowed

Col. Shamsher Singh and Ors. v. State of Haryana

Punjab & Haryana HC27 Aug 2010RFA/218/1994

Case brief

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What is this about?

The Single Judge allowed an appeal challenging the determination of fair compensation for land acquisition. Applying the ratio of Dr. Rajwant Singh case, the court ordered enhancement of compensation for the acquired land, trees, and superstructures.

What did the court decide?

The appeal was disposed of in the terms laid down in Dr. Rajwant Singh case, enhancing the compensation for the acquired land, trees and superstructures.

Col. Shamsher Singh and Ors. Vs State of Haryana — Land Acquisition | Punjab & Haryana HC (2010)

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(1)

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RFA No. 218 of 1994

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In the High Court of Punjab & Haryana at Chandigarh

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RFA No. 218 of 1994 (O&M)

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Date of decision : 27.8.2010

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Col. Shamsher Singh and others

... Appellants

The State of Haryana

.... Respondent

Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. G. S. Dhaliwal, Advocate for Mr. M. L. Sharma, Advocate, for the appellants.

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Mr. Ashish Gupta, Assistant Advocate General, Haryana.

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Rajesh Bindal J.

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The landowners have filed the present appeal seeking enhancement of compensation for the acquired land, the trees and superstructures existing thereon.

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Briefly, the facts are that vide notification dated 13.3.1981, issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'), the State of Haryana acquired land, situated in Karnal, for development and utilisation thereof as residential and commercial area for Urban Estate Karnal. The Land Acquisition Collector vide his award dated 23.9.1986 assessed the market value of the acquired land @ 80,000/- per acre for chahi and 50,000/- per acre for gair mumkin kind of land. The value of the non-fruit bearing trees was assessed at 1,493.88 paise and 12,311.15 paise for fruit bearing tress. Dissatisfied with the award of the Collector, the landowners/claimants filed objections. On reference under Section 18 of the Act, the learned court below determined the market value of the acquired land @ 33/- per square yard and 27,200/- for the fruit/non-fruit bearing trees. It is this award which is impugned in the present appeal.

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Learned counsel for the appellants submitted that the issue sought to be raised in the present appeal regarding valuation of land is squarely covered by the judgment of this court reported as Dr. Rajwant Singh (died) through LRs vs State of Haryana, 2008 (2) RCR (Civil) 780, whereby the compensation payable for acquisition of land was further enhanced.

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No other point was raised.

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Learned counsel for the State very fairly conceded that the issue involved in the present appeal is squarely covered by the aforesaid judgment.

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RFA No. 218 of 1994

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(2)

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For the detailed reasons recorded in Dr. Rajwant Singh' s case (supra), the appeal regarding determination of fair value of the acquired land is disposed of in the same terms.

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27.8.2010 vs.

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(Rajesh Bindal) Judge

Col. Shamsher Singh and Ors. v. State of Haryana

Case brief

What is this about?

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Col. Shamsher Singh and Ors. v. State of Haryana

Case brief

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